Pubdate: Wed, 14 May 2014
Source: Globe and Mail (Canada)
Copyright: 2014 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: James Keller

HUNDREDS SUE OTTAWA OVER POT LAWS

The lawsuits challenging Ottawa's attempted overhaul of the medical
marijuana system continue to pile up, meaning the government will be
forced to defend the new regulations in multiple courts as patients
across the country claim they have a Charter right to grow their own
pot.

Hundreds of people have filed lawsuits in recent months in various
courts, arguing new regulations that took effect in April restricting
marijuana production to licensed commercial growers are
unconstitutional.

Most of those cases have been delayed until the results of an ongoing
Federal Court case, expected to be heard in February of next year,
challenging the new regime. The judge in that case issued an
injunction allowing many patients to continue growing at home in the
meantime.

But three patients in B.C. say their circumstances are too different
to simply wait for the existing Federal Court case to play out. Even
the injunction in the earlier case, they say, doesn't go far enough to
meet their medical marijuana needs.

A B.C. Supreme Court judge has ruled the men's legal action can
continue, even as the Federal Court hears similar arguments. The
federal government had asked for the cases to be delayed.

"The plaintiffs are alleging that the medical marijuana laws interfere
with their Charter rights in a way that is deeply personal and which
has grave impacts on their health," Justice Susan Griffin wrote in a
decision posted to the court's website Tuesday.

Justice Griffin said it would be "unjust" to make the three men wait
for the Federal Court case, which involves different plaintiffs and a
different set of facts.

In the Federal Court case, a group of patients are alleging the
updated regulations prevent them from adequately accessing medicine
they need, because pot prices were expected to be higher under the new
system and patients won't be able to control the strains they consume.

A judge issued an injunction in March that said patients who were
previously licensed to grow or possess marijuana under the old rules
could continue to do so, though the judge said they could only possess
dried marijuana and only 150 grams at a time. Both of those
restrictions are contained in the new rules.

The federal government is appealing the injunction. The B.C. Supreme
Court case involves Kevin Garber, Philip Newmarch and Timothy Sproule,
who all use marijuana to treat medical ailments.

Mr. Garber, who is also asthmatic, consumes marijuana tea, while Mr.
Newmarch and Mr. Garber also say they prefer to consume marijuana in
non-dried forms, such oils or resin.

Their lawsuits argue limiting patients to dried marijuana means they
cannot consume it in the way that works best for them.

They also say the 150-gram possession limit means they cannot travel
far from home without risking running out of their medical marijuana.
They plan to argue the limit infringes on their mobility rights under
the Charter.

Their lawyer, Kirk Tousaw, said he'll be asking for a temporary
injunction to exempt his clients from the new rules until their cases
are heard, which isn't likely to happen until some time next year.

"If a trial is a year or a year-and-a-half down the line, all that
time my clients are suffering, and that's not right," Mr. Tousaw said
in an interview.

Last week, a Federal Court judge released a decision that affected
more than 200 self-represented plaintiffs, many of whom filed
statements of claim using a legal kit they downloaded from the Internet.

The judge put those cases on hold until after the existing case is
finished, though patients who aren't covered by the earlier injunction
will be permitted to ask for their own injunctions. 
- ---
MAP posted-by: Jo-D